§ 2 YOUR PERSONAL INFORMATION
§ 3 CONTRACT CONCLUSION
§ 4 PRICE AND DELIVERY COSTS
§ 5 AVAILABILITY AND DELIVERY
§ 6 PAYMENT
§ 7 RIGHT OF WITHDRAWAL
§ 8 REFUNDS POLICY
§ 9 CANCELLATION BY US
§ 10 TITLE AND RISK
§ 11 LIABILITY
§ 12 EVENTS BEYOND OUR CONTROL
§ 13 INVALIDITY
§ 14 LAW AND JURISDICTION
§ 15 NOTICES
Terms and Conditions
This site is operated by and the goods you purchase will be supplied by MioTools GmbH ("we"). Our main trading address is MioTools GmbH, Erich-Zeigner-Allee 69-73, 04229 Leipzig, Germany. Our VAT Reg No is: GB163 3192 215. You can contact us by email at email@example.com, by telephone on +44 121 36 80 09 0 or write to us at the above address.
If you submit an order for goods via this site by clicking 'Submit order', your order is an offer to us to buy the goods on our website. We will acknowledge receipt of your order by sending you an automatically generated email acknowledging your order. This is only an acknowledgement of receipt of your order, and no binding contract will be formed between us unless and until we accept your order by separate email. The contract will relate only to those specific goods which are referred to in our email confirming our acceptance of your order. You should read and check the details in this email to ensure that they are correct. If the details in the email confirming your order are not correct, or if you are not satisfied with the details in the email, please contact us here .The contractual language is English. We store the contract’s content and will send you the details of your order as well as our general terms via e-mail. The general terms you can find here at all times. The details about your recent orders you will find in your customer login.
We shall use our reasonable endeavors to ensure that the prices as quoted on our site are correct. Information displayed on this site relating to pricing is subject to change by us without notice, but those on the site at the time of any order placed will be the prices applicable to that order. Where the correct price of the goods is less than our stated price, we will charge the lower amount on dispatch. If the correct price of the goods is higher than the price stated on our site, we may, if possible, reject your order in our discretion, in which case we will notify you of such rejection and the correct price for the goods. Unless stated otherwise, all prices include German VAT (where applicable) but exclude delivery costs. Delivery costs can be looked up here. They will be notified to you separately before you submit your order and will be confirmed to you by email.
Information displayed on this site relating to availability is subject to change by us without notice. We cannot guarantee permanent or continuous availability of all products on this site. All orders are subject to availability at all times. We deliver within the United Kingdom only. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order on the site. Delivery will be made according to the information on the product pages after your order is accepted. We are not responsible for any delay in delivery caused by the unavailability of someone to take delivery of the products. It is your responsibility to contact the post office or courier company as applicable to arrange the collection or delivery of products that could not be delivered because you were unavailable.
Payment for goods will be made in accordance with the procedure explained in the information page "payment methods”.
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (MioTools GmbH, Erich-Zeigner-Allee 69–73, 04229 Leipzig, phone: +44 121 36 80 09 0, fax: +44 121 36 80 09 1, e-mail: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us or MioTools GmbH, 1 Victoria Square, Birmingham, B1 1BD, UK, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
When you return goods to us because you have cancelled the contract between us during the cooling-off period we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. We will refund the price of the goods in full. If you are not satisfied with a product for any reason e.g. if it is not what you ordered, it is damaged or defective, or we have delivered an incorrect quantity, return the product to us. Please inform us in advance by e-mail, fax or post. Once we have confirmed the product defect or other problem, we will:
- provide a full refund for any goods that are damaged or defective, if this is within a reasonable time following the sale. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. or
- at your option, repair or replace the goods at our cost, unless this would not be possible or would be disproportionately costly in the circumstances, in which case we will refund to you the amount paid by you for the goods in question.
We will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for defective goods. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We reserve the right to cancel the contract between us if, for example:
- we have insufficient stock to deliver the goods you have ordered;
- we do not deliver to your area; or
- one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible but in any event within 30 days of your order.
You will become the owner of the goods you have ordered when they have been delivered to you and we have received clear funds in full payment for the goods. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
We are not responsible if you cannot access the site properly or at all because of any event outside our control, for example (without limitation) the performance of your or our ISP, your browser or the internet. This site relies in part on software to work. Whilst we will monitor the site, we cannot guarantee that the site or any individual feature of the site will be error free, available all the time and/or free from viruses. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content. Nothing in these terms will affect any liability we may have: (a) for fraudulent misrepresentation; (b) for death or personal injury arising from our negligence: (c) under Part I of the Consumer Protection Act 1987; (d) for breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by us; or (e) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.
We will have no liability to you for any delay in delivering goods you have ordered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion.
If any part of these terms is unenforceable, the enforceability of any other part of these terms will not be affected.
These terms are governed by English law, and any contracts formed between via this site will be governed by English law. The English courts will have exclusive jurisdiction over any dispute relating to these terms or any contracts between us.
All notices you send us must be sent to the contact details on this site. We may give notice to you at either the e-mail or postal address you provide to us when making a purchase. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
ToT version: MioTools_UK 2.0 - 13th June 2014
(complete and return this form only if you wish to withdraw from the contract)
— To MioTools GmbH, Erich-Zeigner-Allee 69–73, 04229 Leipzig, phone: +44 121 36 80 09 0, fax: +44 121 36 80 09 1, e-mail:email@example.com:
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.